Welfare rights news

18 May

Government consults on funding arrangements for localisation of council tax support in England

Consultation published alongside series of policy 'statements of intent' for regulations that will provide the legal framework for local schemes

DLA appeals taking an average of 25 and a half weeks to be heard

Government highlights figures that also show that thousands of appeals are taking more than a year

Government confirms that benefit cap letter sent to thousands of claimants with disabled children

More than 2,500 claimants with children in receipt of DLA affected, says Work and Pensions Minister

MS Society Chief Executive appointed to Professor Harrington’s WCA Scrutiny Panel

Announcement follows last month's resignation of Mind Chief Executive

CMEC's cost reduction plans are 'high risk' and rely too heavily on charging parents to use its services

Savings also contingent on new IT system which is already late, says Commons Public Accounts Committee

Government responds to Select Committee's concerns about negative tone of press coverage of disabled benefit claimants

DWP says that it recognises need to 'work together and do more to challenge and change negative attitudes'

17 May

Universal credit will ‘dramatically reduce’ fraud and error, according to Lord Freud

Response to new statistics showing that £1.3bn underpaid and £3.2bn overpaid in 2012/2012

Update on size criteria in the social rented sector for working age claimants from April 2013

DWP to issue regulations this month allowing local authorities to collect information from landlords

16 May

DWP missed opportunities to detect potential problems at A4e, says National Audit Office

New report finds that level of fraud in current employment programmes are low, yet risks remain

David Cameron considering further £25bn of welfare cuts

Report that plans include further housing benefit cuts and 'mark two' universal credit

Whether refusal of child tax credit to substantial minority carer is discriminatory under the European Convention on Human Rights

New Supreme Court judgment

Changes to lone parent obligations for those whose youngest child is aged 5 or above

New DWP guidance

Treating hospital in-patients as having limited capability for work

New DWP guidance

15 May

DWP terminates Mandatory Work Activity contract with A4e for the South East

Minister for Employment identifies 'serious weaknesses' in A4e's internal controls

Amount of local housing allowance where extra bedroom required due to needs of disabled person

New Court of Appeal judgment

Work Programme providers may be paid over £1bn for 'outcomes that would have been achieved without the Programme'

New Public Accounts Committee report also questions ability of providers to meet targets in face of difficult economic conditions

Child benefit reforms ‘a disaster waiting to happen’

Institute of Chartered Accountants warns that benefit could be paid in one year to one person and recovered the following year from someone else

14 May

Supersession of decisions made by former appeal tribunals and Commissioners

New statutory instrument corrects drafting errors in Tribunals, Courts and Enforcement (Transitional and Consequential Provisions) Order 2008

Income support for lone parents with a child under the age of five

New commencement order in relation to the Welfare Reform Act 2009

Iain Duncan Smith defends plan to take 500,000 claimants off disability benefits

Cost of disability living allowance rising well ahead of illness, sickness and disability, says Secretary of State

11 May

DWP letters to lone parent claimants with child approaching seven years being sent in error

New HB guidance

Claimants’ views on personal independence payment application process

New DWP research highlights claimants' expectations that they will not be treated well

10 May

Second Welfare Reform Act 2012 commencement order

New statutory instrument brings into force provisions relating to claimant commitment, sanctions and civil penalties

519,000 claimants accepted on to Work Programme from June 2011 to January 2012

New DWP statistics also show that 90.7 per cent were on jobseeker's allowance and 8.5 per cent on employment and support allowance

9 May

Right to reside of parents and primary carers of children in education

New DWP guidance revises earlier advice to decision makers

Next page

Briefcase

18 April

CH/887/2011 — Whether tribunal entitled to find that overpayment arose due to official error and that claimant couldn't have been expected to realise that had been overpaid — [2011] UKUT 456 (AAC)

Commissioner / Judge: Wikeley

17 April

CDLA/705/2011 — Grounds for supersession of award of lower rate care component — [2012] UKUT 11 (AAC)

Commissioner / Judge: Lane

13 April

CE/809/2011 — Descriptor 10 (a) / whether control of bowel through medication relevant / interpretation of 'full evacuation of bowel' — [2011] UKUT 507 (AAC)

Commissioner / Judge: Ward

CE/1826/2011 — Descriptor 5(b) as it was before March 2011 / whether decision maker needs to ask if claimant can perform activity with either hand alone — [2011] UKUT 492 (AAC)

Commissioner / Judge: Turnbull

12 April

CDLA/2002/2006 — Exportability of mobility component within EU — [2012] UKUT 26 (AAC)

Commissioner / Judge: Mesher

CDLA/2106/2006 — Exportability of mobility component within EU — [2012] UKUT 27 (AAC)

Commissioner / Judge: Mesher

CDLA/496/2006 — Exportability of mobility component within EU — [2012] UKUT 28 (AAC)

Commissioner / Judge: Mesher

CIS/828/2008 — Right to reside / Swiss claimant who was widow of UK citizen / application of ECJ judgments in Lassal and Dias — [2011] UKUT 508 (AAC)

Commissioner / Judge: Rowland

11 April

CTC/2107/2010 — Whether couple where wife lived in Spain with children entitled to child tax credit — [2011] UKUT 467 (AAC)

Commissioner / Judge: Howell

CH/1837/2011 — Valuation of claimant’s share of properties that were heavily mortgaged and pending her divorce — [2011] UKUT 501 (AAC)

Commissioner / Judge: Mark

5 April

CH/171/2011 — Whether there was a valid tenancy agreement between claimant with profound mental disablement and her father — [2012] UKUT 12 (AAC)

Commissioner / Judge: Mark

4 April

CH/1827/2010 — Eligibility of service charges for claimant living in supported accommodation — [2011] UKUT 480 (AAC)

Commissioner / Judge: May

CSE/360/2011 — Descriptor 20 (f) - propriety of behaviour / regulation 29 (b) - application of Charlton — [2012] UKUT 29 (AAC)

Commissioner / Judge: Parker

23 March

CIB/958/2011 — Tribunal's reasons for preferring evidence of HCP where claimant didn't attend hearing / failure to consider adjournment — [2011] UKUT 459 (AAC)

Commissioner / Judge: Poynter

21 March

CSIB/580/2011 — Whether tribunal entitled to find claimant unreliable but use parts of his evidence / regulation 27 (b) - whether tribunal able to look at work situation forward from date of decision — [2012] UKUT 30 (AAC)

Commissioner / Judge: Parker

CE/725/2011 — Tribunal’s reasons for preferring assessing doctor’s evidence to that of GP — [2012] UKUT 25 (AAC)

Commissioner / Judge: Paines

20 March

CSE/555/2011 — Whether tribunal acted correctly in going out to test distance between claimant's home and supermarket — [2012] UKUT 503 (AAC)

Commissioner / Judge: Parker

CH/1752/2011 — Whether claimant who was said to have acted unreasonably in giving away flat had done so with purpose of obtaining benefit — [2011] UKUT 1752 (AAC)

Commissioner / Judge: Mark

16 March

CH/378/2011 — Whether claimant likely to be absent from home for more than 13 weeks / whether days entered and left prison should be included in calculating period of absence — [2011] UKUT 457 (AAC)

Commissioner / Judge: Jupp

CI/747/2011 — Duty of tribunal to address arguments put forward by claimant — [2011] UKUT 465 (AAC)

Commissioner / Judge: Rowland

More summaries

Discussion

A2 national disabled after accident refused HB on the ground that DLA awarded???

In Housing benefit & council tax benefit . Last updated today at 18.09 by Altered Chaos

“Does the length of her DLA award assist in your argument of temporariness? ”

Changes to Pension Credit due April 2013

In Universal credit. Last updated today at 13.23 by RMR

“http://www.dwp.gov.uk/docs/dmgch0701.pdf equal treatment directives ”

Real value of benefits to halve in 50 years.

In Advice sector policy issues. Posted 19 May at 17.26 by Gareth Morgan

“I’ve done some sums which show, using official figures, that this is the consequence of the change from RPI to CPI. You can see the details on my blog at http://bit.ly/gmTkEy ”

DLA reform: coalition is exaggerating benefit fraud for its own benefit

In Disability related benefits. Last updated 19 May at 0.24 by jan

“nevip - 18 May 2012 09:46 AMAnd, presumably, by the extension of her own twisted logic, if someone were to ‘take out’ this ridiculous, self impoprtant nonentity of a woman because of her poisonous views, then she will only have brought it upon herself. i…”

cohabitation? benefit procedures?

In Income support & JSA. Last updated 18 May at 19.10 by Derek

“Tony In my post I was assuming TCO would find out & stop the payments while the alleged co-habiting still existed, & I think this could be worse than sorting it out at the start. I agree a couple claim ought not to be made…”

benefit cap letters

In Other benefit & tax credit issues. Last updated 18 May at 16.43 by Hallam

“Peter Turville - 04 May 2012 10:30 AMIt is likely that some (all?) LAs have now received their list of potentially affected claimants. In Oxford City the number is about 230 ‘households’. The council is weeding through this list to try to isolate obvious errors…”

LHA and rent increase

In Housing benefit & council tax benefit . Last updated 18 May at 15.14 by ros

“here’s a link to CH/107/2010 - http://www.osscsc.gov.uk/Aspx/view.aspx?id=3254 ”

Employment & Support Allowance - Payment of Work Related Activity Component

In ESA & other incapacity related benefits. Last updated 18 May at 15.03 by Mendip

“Hmm.. not convinced yet, sorry but will ponder over weekend, thanks for your help ”

London Councils Grants consultation 2013/15

In Advice sector policy issues. Last updated 18 May at 15.01 by Paul Treloar

“Papers relating to London Councils grants programme priorities for 2013-15 have now been published. Recommended priorities are as follows: • tackling homelessness amongst individuals and households through direct services and/or developing new ways of working with partners to generate housing and accommodation and access services…”

ATOS - the best yet?

In ESA & other incapacity related benefits. Last updated 18 May at 14.22 by 1964

“Love it!! Puts me in mind of a case note I once read from a collegue relating to a client who was ‘recovering from a terminal illness’ (sorry, former unnamed collegue, if you’re readiing this but I still giggle about it!) ”

Immigration Status and CTB

In Housing benefit & council tax benefit . Last updated 18 May at 14.21 by sarahwebber

“Thanks, that is helpful - even if it just confirms that there is no easy answer here. I suspect that for many people the risk of the increased CTB affecting immigration status is outweighed by the need to pay rent and CT. I hadn’t thought…”

Transitional protection of invalidity/incapacity benefit

In ESA & other incapacity related benefits. Last updated 18 May at 14.03 by Richard Stacey

“Ruth_T - 17 May 2012 07:18 PMYour client is right that her IB was not reduced by any occupational/personal pension, but it’s nothing to do with previous receipt of IVB. The measure reducing IB for people whose personal pension exceeded a prescribed amount was introduced…”

Stobarts launch legal service

In Advice sector policy issues. Last updated 18 May at 13.45 by nevip

“What’s rubbish bins got to do with it? ”

Overpayment; decision under appeal, client wants to stop making the payments. Under what regs/guidance/good practice?

In Income support & JSA. Posted 18 May at 13.31 by Joanna

“My client, who is in receipt of IS, has been making killer £125 per month repayments on advice from DWP debt unit (“you must pay because your IS will stop”). CPAG, 14th ed, p 1077 says “do not pay back any of the money until…”

Benefits and Credits Director General to leave HMRC

In Working tax credit & child tax credit. Posted 18 May at 12.11 by shawn

“Steve Lamey, Director General for Benefits and Credits, is leaving HM Revenue & Customs after eight years, to take up a post in the private sector. More @ http://www.hmrc.gov.uk/press/leave-hmrc.htm ”

Child with epilepsy - DLA case going to tribunal

In Disability related benefits. Last updated 18 May at 12.05 by Craven CAB welfare benefits

“According to DWP guidance on child development, “In a safe situation a baby can play on its own” at 6 - 8 months. See http://dwp.gov.uk/docs/children.pdf Not directly applicable, but a useful reference. ”

Making a Contribution - Social security for the future

In Other benefit & tax credit issues. Posted 18 May at 11.19 by Paul Treloar

“In a new TUC report, Kate Bell and Declan Gaffney address one of the key strategic policy issues of our time: how to regain public support for a redistributive welfare state. Their new analysis shows that strengthened contributory benefits could help this country to address…”

LHA Size criteria & 50 50 shared care

In Housing benefit & council tax benefit . Posted 18 May at 10.43 by DanManville

“This is as much an “I’m not at work and haven’t the facility to look it up” question as a fishing trip. I know of a situation whereby young daughter lives with Dad under a care order but is in 50 50 shared care. Dad…”

Copy of R(SB) 18/84?

In Decision making and appeals. Last updated 18 May at 9.46 by sophie

“hi, we’ve added a copy of R(SB) 18/84 to toolkit @ http://www.rightsnet.org.uk/pdfs/18_84.pdf thanks sophie ”

Council Tax - Liability - Death - Change of Person(s) Liable. Clarification Needed...

In Housing benefit & council tax benefit . Last updated 18 May at 9.17 by John P. Colegate

“Thank-you very much for your information, I appreciate it, cheers. ”

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